LIbrum hunc cui Titulus The Royal College of Physicians of London founded and established by Law c. dignum censemus qui typis mandetur D. Whistler Praeses Tho. Witherley Johan Atfield Edvardus Browne Tho. Alvey Censores THE Royal College OF PHYSICIANS OF LONDON Founded and Established by Law As appears By Letters Patents Acts of Parliament adjudged Cases c. AND An Historical Account of the College's proceedings against Empiricks and unlicensed Practisers in every Princes Reign from their first Incorporation to the Murther of the Royal Martyr King Charles the First By CHARLES GOODALL Dr. in Physick and Fellow of the said College of Physicians LONDON Printed by M. Flesher for Walter Kettilby at the Bishop's Head in St. Paul's Church-Yard 1684. To the Right Honourable FRANCIS LORD GVILFORD Lord Keeper of the Great Seal of England and one of his Majestie 's Most honourable Privy Council My Lord 'T Is now no less than seven years since I adventured the prefixing of your Lordship's name to a Book written in defence of the College of Physicians against a bold and impudent Libell published with design to expose that Learned Society to contempt Since which time I have not onely had the honour of being made one of their Members but have been entrusted with the search of their Records and received encouragement to publish a Collection of their Royal Patents Acts of Parliament Trials with and proceedings against Empiricks that so the Adversaries of this Society might be convinced of the reason and Justice of their actings against those illiterate and vile Impostors whose practice by Act of Parliament is declared to be To the high displeasure of God great infamy to the faculty and destruction of many of the King's Liege people Your Lordship knows very well the grounds which first moved that noble and renowned King Henry 8. in the tenth year of his Reign to constitute this Royal foundation whose Princely wisedom herein was highly approved by Act of Parliament in the 14 15. years of his Reign in which the King's Letters Patents and all and every Graunt Article and other thing contained and specified therein were approved graunted ratified and confirmed About seventeen years after a second Act of Parliament was granted to this Society by the same King of glorious memory for enlarging of their Privileges with the addition of many new ones In the first of Q. Mary being but 29 or 30 years from the 14 15 H. 8. a third Act of Parliament was made in confirmation of the forementioned Statute and many more privileges of great moment were added to the former Queen Elizabeth and King James of ever glorious memory and his Sacred Majesty now Reigning whom God long preserve from all traiterous Associations and Conspiracies of bloud-thirsty and malicious men have by their several Royal Patents granted them farther Liberties Powers and Privileges by reason of the great increase of unskilfull illiterate and unlicensed practisers of Physick in London and within 7 Miles thereof who now my Lord are arrived to that height of impudence not onely in their publick writings but even in the King's Courts of Judicature that they dare adventure to question the Authority of an Act of Parliament though owned as such by those Royal Testimonies already named by the Chief Justices and Judges of the King's Bench and Common Pleas such as Popham Coke Fleming Foster Walmesly Warburton Daniel Williams Tanfield Crook Littleton c. in their several Books of Reports and in their resolutions of several questions relating to the College of Physicians wherein they gave their opinions by an order from K. James directed to the Right honourable Thomas Lord Ellesmere Lord Chancellour of England which opinions are inserted in this book c. by its being printed in several Statute books and Abridgments of the same which were published even in that King's Reign in which they were enacted by Robert Redman Thomas Berthelet Wyllyam Mydylton Thomas Petyt and Thomas Powel Printers to his Most Excellent Majesty and since in all the Statute books and Abridgments that have been Printed to this time Nay more than this In the Rolls Chapel and in the Journal books formerly collected by that famous Antiquary Sir Robert Cotton and preserved by Sir John in his Father's Library and in the Journal books of the Right honourable the Earl of Clarendon which I had the honour to look over I find 36 Acts of Parliament passed in that Session of 14 15 Hen. 8. At the end of the twenty fourth this is inserted Item diverse communes petitiones rem publicam concernentes exhibite erant dicto Domino Regi in Parliamento predicto cum suis responsionibus quarum tenores sequuntur sunt tales Amongst which upon the same Roll the 33th is an Act concerning Physicians and after the 36th is entred the King's Commission to Cardinal Wolsey Printed p. 12. of this book which finisheth that Roll of Parliament In which it is thus expressed Reverendissimus Dominus Legatus Cancellarius Acta omnia in presenti Parliamento pro bono publico edita facta ex mandato Domini Regis recitari publicari jussit Quibus ex ordine per inicia recitatis lectis singulis per Clericum Parliamenti responsione secundum annotationes Regie voluntatis declarativas à dorso scriptas facta c. Add to this that excellent and learned account given by the Lord Chief Justice Hales why the Royal Signature might not be entred by the Clerk of Parliament in his transcript of the Original Rolls under this Act of Parliament and nine others passed in that Session in a late Judgment given against Huybert As likewise the testimony of the Lord Herbert of Cherbury in his excellent book of the Life and Reign of King Henry 8. drawn out of his Majestie 's Records In which he acquaints us with the more famous Statutes enacted in the Parliament of 14 15 Henry 8. amongst which we find this relating to the College of Physicians Now my Lord from these Authorities and many others of the like kind We should be in some hopes that these men being formerly driven from their old plea of 34 35 of Hen. 8. c. 8. An Act made against Surgeons for their unconscionable dealing with their Patients and for giving liberty to all such who practise for Piety and Charity without taking money or gain as appears by a Judgment given against Butler p. 258 and from this their late Plea of Nul tiel Record that our profession might flourish and that as King James hath expressed it in his Royal Patent by rejecting such illiterate and unskilfull Practisers those that were Learned Grave and Profound Practisers in that Faculty should receive more bountifull reward and also the industrious Students of that profession would be the better encouraged in their Studies and endeavours But that we have to deal with a sort of men not of Academical but Mechanick education who being
Grant Article and other thing conteyned and specified in the same were by Act of Parliament made in the fowerteenth yeare of the Raigne of our said noble Predecessor King Henry the Eighth approved ratified and confirmed and clearely authorized and admitted to bee good lawfull and avayleable to the said Bodie Corporate and theire Successors for ever And that the best construction that might be invented should be made thereof and of every part and parcell thereof for the best benefitt behoofe power and authority of the aforesaid President Colledge and Corporation of Physitians as aforesaid AND further by severall other Acts of Parliament divers and sundry other priviledges liberties ability power and authoritie are and were afterwards established ordayned given and graunted to the said President Colledge and Corporation of Physitians and their Successors As by the same severall Acts of Parliament thereof made more fully and at large alsoe doth and may appeare AND whereas nevertheless our Royall Grandfather James late King of England of ever blessed memory out of his great wisdome and circumspection perceiving that divers enormities and abuses not then sufficiently provided for and reformed did dayly abound and increase to the apparent damage of his Royall Majestie and of his loveing subjects of this Realme of England by and through the unskillfullness fraud and deceipt of Physitians Apothecaries Druggists and such like which were then most likely much more to abound unlesse tymely and festine remedie were duely provided and applyed for the cureing of soe publique a dissease AND our said Royall Grandfather gratiously affecting soe pious and charitable a worke and intending a more full and perfect reformation of the said abuses grievances and enormities in this our Realme out of his princely disposition and care of repressing thereof att the Petition of Henry Atkins Doctor in Physicke then President of the said Colledge and of divers other learned Doctors in Physicke then Fellows elect or members of the said Colledge or Corporation by his Letters Patents under the great Seale of England bearing date at Westminster the eighth day of October in the fifteenth yeare of his Raigne over England for the honour peace and quiett of the said Colledge Did give graunt ratifie allowe approve and confirme unto the said then President and Colledge or Comonalty and theire Successors the said Letters Patents of our said noble Predecessor King Henry the Eighth herein before mentioned and every Article Clause Guift and Grant therein conteyned and not altered by the said Letters Patents of our said Royall Grandfather AND further our said Royall Grandfather did by his said Letters Patents give and grant unto the said President and Colledge or Comonaltie and theire Successors divers and sundry other liberties priviledges immunities powers abilitie and authority not only to and for the benefitt advantage and comoditie of the aforesaid President and Colledge or Comonaltie and theire Successors but alsoe for the more speedy certaine better and easier discovery restraint punishment and repressing aswell of the before mentioned unskillfull unlicensed and illiterate practizers in the facultie of Physicke aforesaid as alsoe of the said fraud and deceipts of the said Apothecaries and Druggists and other the abuses grievances and enormities aforesaid As in and by the same Letters Patents of our said Royall Grandfather remayning of Record amongst other things therein conteyned more fully and att large it doth and may appeare AND whereas notwithstanding all the care travaile and endeavour had and taken in the creating modelling and establishing of the Constitution and Corporation aforesaid and the many and greate liberties powers and priviledges thereunto given granted and confirmed by the said severall Letters Patents and Acts of Parliament aforesaid And notwithstanding the constant and indefatigable paines and endeavours of the President and Colledge aforesaid on all opportunities had and taken in putting the same in due execution to the ends aforesaid Itt hath beene made most apparent and evident unto us that the number of unskillfull illiterate and unlicensed practizers of Physicke in and about our said Cittie of London hath of later yeares much increased and att present doe daylie multiply together with the renewed frauds abuses and deceipts of divers Apothecaries Druggisss and others inhabiting in the same Cittie frequently exercised and practised in the making prepareing ordering and venting of Druggs and other things relateing to the said facultie of Physicke to the greate dishonour of this Nation and of the sage and learned professors of that facultie soe noble and necessary and to the detriment of us and our good subjects The chiefe cause or ground whereof as wee are given to understand ariseth from some defects in the said Constitution the Coercive and Penal Powers thereof beeing not aptly and usefully placed and settled By meanes whereof subtil and crafty men wholly ignorant and unskilled in the facultie of Physicke have in defiance of authoritie dared publiquely to professe and practise Physicke in our said Cittie of London and by new inventions and delusions deceived much people thereby advanceing theire private commoditie in the greate detriment of the publique and yett have evaded the just and condigne punishment provided and intended by the Charters and Acts of Parliament aforesaid for such presumptuous Offendors Which to prevent in the future And that a due and seasonable reformation may bee had in all the premises and an apt proper and legall constitution and incorporation may be had and established of grave and learned Doctors and other able and experienced practisers of Physicke in and about our said Cittie of London indowed with powers and priviledges convenient and requisite for the ends aforesaid KNOW ye That Wee of our especiall grace certaine knowledge and meere motion and att the humble Petition of Sir Edward Alston Knight now President of the said Colledge or Comonaltie and of divers other learned Doctors of the said Colledge or Comonalty Have willed ordeyned constituted declared given and graunted And by these presents for us our heires and successors doe will ordeyne constitute declare give and graunt unto the said President and Colledge or Comonalty That they from henceforth for ever hereafter shall bee continue and remayne by virtue of theise presents One bodie Corporate and Politique in deede fact and name by the name of the President Fellowes and Comonaltye of the Kings Colledge of Physitians in the Cittie of London And them and theire Successors by the name of the President Fellowes and Comonaltie of the Kings Colledge of Physitians in the Cittie of London into one Bodie Corporate and Politique in deede fact and name really and fully for us our heires and successors Wee doe erect make ordeyne constitute declare and create by theise presents AND that by the same name they shall have perpetuall succession And alsoe that they and theire successors by the same name of the President Fellowes and Comonalty of the Kings Colledge of
enjoyne all Iudges and Iustices of us our heires and successors to act and performe accordingly any Acte Statute Lawe Vsage or Provision whatsoever to the contrary thereof in any wise notwithstanding AND WEE WILL and by these presents for us our heires and successors Doe ordaine and declare that all and every the Fynes Penalties Forfeitures and Amerciaments hereafter to be sett adjudged imposed or inflicted upon any person or persons whatsoever by force or colour of these presents or of any the Letters Patents or Acts of Parliament aforesaid or by force or colour of any Acts Ordinances Decrees or Constitutions made or to bee made by vertue of these presents or any the Graunts or Authorities aforesaid before any Action bée commenced or any Levy or Execution bee had or made thereof respectively the said severall penalties and forfeitures of Tenn pounds and five pounds per Mensem above mentioned allwayes excepted shall bée reported to and approved of by the Court or Corporation of the said President and Fellowes of the Kings Colledge of Physitians aforesaid to bée held by vertue of these presents or by any fifteene or more of the Fellowes of the same Colledge for the tyme beinge then present att such Court whereof the President or in his absence the Vice-president for the tyme being to bée one and then entered and registred in the Common Register Booke of the same Colledge And that from and after such approbation and entry thereof it shall and may bée lawfull to and for the President and Censors or Vice-president and Censors of the same Colledge of Physitians for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one by Warrant under the hand of the said President and Censors or Vice-president and Censors for the tyme being in the absence of the President or any thrée of them whereof the said President or in his absence the Vice-president for the tyme being to bée one duely made and directed to any Officer and Officers of the same Colledge in this behalfe to bée appointed to Commit and send every such person and persons soe offending and on whome any such Fyne Penalty or Amerciament shall be imposed sett or inflicted as aforesaid or by whom any forfeiture shall bée made as aforesaid to any of our Goales or Prisons except our Tower of London within our said Citty of London or the Suburbs thereof for the tyme being there to remayne untill he or they shall pay and satisfie unto the said President and Fellowes of the same Colledge of Physitians and their Successors for the tyme being the severall and respective fyne or fynes penalty or penalties forfeiture or forfeitures Amerciament or Amerciaments for which hee or they respectively shal bee soe Committed or charged as aforesaid or otherwise by like Warrant to levie all and every such fyne and fynes penalty and penalties forfeiture and forfeitures Amerciament and Amerciaments by distresse and sale of any of the Goods and Chattells of any or every such person or persons respectively offending as aforesaid rendering the overplus to bee ymployed and disposed as hereafter in and by these presents is directed PROVIDED allwayes that if any person or persons on whome any Fyne Penalty or Amerciament shall be sett or imposed as aforesaid shall find or conceive himselfe grieved thereby That then it shall and may bee lawfull to and for every such person and persons within one Moneth after such approbation and entry thereof made as aforesaid or sooner to appeale unto such person and persons for his or their releife therein as in and by these presents are hereafter nominated constituted and impowered in that behalfe AND Wée will and by these presents for us our heires and successors Doe make ordeyne constitute and appoint our right trusty and right welbeloved Cosin and Councellor Edward Earle of Clarendon our High Chancellor of England our right trusty and welbeloved Sir Robert Foster Knight Cheife Iustice of our Court of Kings Bench Sir Orlando Bridgman Knight and Baronett Cheife Iustice of our Court of Common Pleas and Sir Matthew Hale Knight Cheife Baron of our Court of Exchequer the present Visitors of the said Colledge and Corporation and the Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being from tyme to tyme and for ever hereafter Visitors of the same Colledge and Corporation AND Wee doe by these presents for us our heires and successors give and grant unto them the said Visitors hereby constituted and every or any two or more of them full power and authority to receive entertaine heare examine adjudge and determine alter mitigate reverse or confirme all and every such Matter Cause Complaynt Iudgment Decree or Sentence whatsoever which att any time hereafter shall come or bée brought before them or any two or more of them by way of Appeale hereafter to be made by any person or persons whatsoever for or concerning any Fyne Penalty or Amerciament or other matter or thing whatsoever according to the tenor true intent and meaning of these presents as to them or any two or more of them shall seeme just and fitting AND to that end that it shall and may bee lawfull to and for our said Lord High Chancellor of England Lord Cheife Iustice of our said Court of Kings Bench our said Cheife Iustice of our said Court of Common Pleas and our said Cheife Baron of our said Court of Exchequer now being or any two or more of them and to and for all and every other Lord Chancellor of England or Lord Keeper of the Greate Seale of England Lord Cheife Iustice of the said Court of Kings Bench Lord Cheife Iustice of the said Court of Common Pleas and Lord Cheife Baron of the said Court of Exchequer hereafter for the tyme being or any two or more of them from tyme to tyme to send for remove or cause to come before them or any two or more of them all and every such Cause Complaynt Iudgment Decree and Sentence and all or any the proceedings thereof respectively whereupon or wherein any Appeale shall bée made to them or any two or more of them as aforesaid and from tyme to tyme to order and appoint certaine dayes tymes and places for the hearing and adjudging thereof and to summon heare and examine upon Oath or otherwise all and every person and persons that know or can say or testifie any matter of fact or other thing conduceing to the manifestation or discovery of the truth of the matter in question to the end a just and cleare judgment and determination may be had and made therein AND FURTHER to act proceed performe
plead and be impleaded by the name of President onely and the Action shall be brought by that name by which the King enables them to bring their Action and to plead and to be impleaded as 11 H. 7. 27 28. is so that here is a good action and well grounded and by a good name And as to the Plea in Barr it is insufficient because he hath not pleaded according to the Statute For his plea ought to have béen applyed to the Statute for by the Statute the power there given is to administer to outward Sores or Diseases any Ointments Plasters c. and other like and this ought to be according to the skill and knowledge And here the Defendant saith that he had knowledge in the nature of Herbs Roots and Waters c. and did apply Oyntments Potions c. for the Stone c. and such other diseases and he ought to have said according to his knowledge in those diseases and not in other like c. 2. The Administration ought to have béen to outward Tumours c. and here outward is omitted and he hath pleaded generally whereby his plea goeth to the whole and so mistaken 3. Where potions may be applied to the Stone Strangury and Agues the Defendant hath pleaded Potions pro ulceribus morbis c. talibus consimilibus which is a more large Authority than the Statute limits And for these the plea is ill It is a rule that a plea ought to be issuable but this is not as it is pleaded for the Defendant here ought to have distinguished his plea and have justified in part as in applying outward Plasters c. to outward Diseases and Potions to Stone Strangury and Ague As to the Replication it hath béen objected that it is a departure To which I say that if any new matter be pleaded it is a departure but here is none For the Replication which supports and inforces the Declaration is by the Statute 1 Mariae and this could not have béen alledged in the Declaration and there was no reason to shew the Statute 1 Mariae untill the Statute of 34 H. 8. was pleaded by the Defendant And as to the matter in law that is how far the Statute of 34 H. 8. gave liberty against the Statute 14 H. 8. to what persons and for what things is the Question And upon consideration of all the law of 34 H. 8. we be of opinion that this Statute doth not reach neither in Words nor in Intent and meaning to give liberty to any person that practises or exercises for lucre and profit and it is apparent by the preamble and the Statute also that this was made principally against Chirurgeons which were covetous c. And therefore the Statute hath limited who should practise and for what diseases and the parties licensed thereby were those which were good honest people as old Women and such as would give neighbourly Physick for charity and piety and not such as look for gain thereby as Empiricks that do not doe any thing for piety and charity So that this Statute excludes all those that take any money or gain And this Statute which was intended against Surgeons in truth helps them for it gives to them liberty to give Pills and Potions as well as to apply outward Medicines to outward diseases and such construction shall be made And Surgery is onely that which is to be done with the hand c. And moreover we be of opinion that if this Statute of 34 H. 8. had abridged the Statute 14 H. 8. yet that the Statute of 1 Mariae hath setled all on foot again of 14 H. 8. in as large manner as it ever was before for it concludes any Act to the contrary notwithstanding And it was made to suppress unskilfull men But this Statute of 34 H. 8. and Dr. Langton's case Mich. 3 Jac. B. R. rot 438. versus Gardiner is express in this point yet there the plea was better than this is And yet after it had depended 3 years judgment was given against the Defendant With this he concluded and commanded Iudgment to be entred for the Plaintiff against the Defendant College of Physicians against Bugge In magno Rotulo de Anno xxiii Regis Caroli in Item Adhuc Item Item Res London PRaesidens Colleg ' Communitas Medicor ' Lond ' deb ' 27 li. 10 s. de medietate 55 li. versus Johannem Bugge de Parochia Ecclesiae Christi London recuperat ' per Judicium Cur ' quia exercuit facultatem Medicin ' ibidem per spatium xi mens integr ' non existen ' admiss ad exercend ' occupand ' dict' facultat ' medicin ' per Praesident ' Collegium seu Communitat ' facultat ' Medicin ' London literis sigillo suo communi sigillat ' contra formam Statuti in hujusmodi casu edit ' provis super ipsos onerat ' virtute Ordinis hujus Scacc ' Dat' tertio Julii Anno 15 Regis Caroli But the said sum of 27 li. 10 s. is allowed to the President and College of the faculty of Physick within the City of London by Letters Patents under the Great Seal of England bearing date the eighth day of October in the fifteenth year of the late King James of England and of Scotland the Fifty first and by Iudgment of the Barons of this Court of Publick Exchequer entred amongst the Records of Easter Term in the Seventh year of the Reign of the late King Charles in the Custody of the first Remembrancer there Roll the xxiiii And they are quitt Ex. by He. Croke Clerk of the Pipe D. Termino Sancti Michaelis anno regni Domini Caroli secundi nunc Regis Angliae c. xxvii rot 530. MEmorand ' quod die Sabbati prox ' posttres septimanas Sancti Michaelis isto eodem Termino coram domino Rege apud Westm ' ven ' Praesidens Collegium seu Communitas facultat ' Medicinae London qui tam pro domino Rege quà m pro seipsis sequuntur per Franc ' Scot Attorn ' suum protuler ' hic in Cur ' dicti domini Regis tunc ibidem quandam billam suam versus Adrianum Huybert alias Hybert in custod ' Marr ' c. de placito debiti Et sunt pleg ' de prosequend ' scilicet Johannes Doe Ricardus Roe Quae quidem billa sequitur in haec verba ss London ss Presidens Collegium seu Communitas facultat ' medicinae London qui tam pro domino Rege quam pro seipsis sequuntur queruntur de Adriano Huybert alias Hybert in custod ' Marr ' Maresc ' domini Regis coram ipso Rege existen ' de placito quòd reddat eidem domino Regi ac praefat ' Praesident ' Collegio seu Communitati qui tam c. centum libras legalis Monet ' Angl ' quas eis debet injuste detinet pro eo videlicet quòd cum Henricus Octavus nuper Rex Angliae per literas
irides per ambitum in imo malum granatum ut in ejus literis testimonialibus ad hoc conscriptis videre licet Dr. George Owen a very learned and great Man was bred in the Vniversity of Oxford and after made Physician to King Henry the Eighth and Queen Mary He was admitted into the College An. Dom. 1544. He with Dr. Wende and Dr. Huys by their care and interest in Q. Mary procured that eminent Statute for the College which passed in 1 Q. Mary Sess 2. C. 9. printed page 30 c. of this Book He was of that repute in Q. Mary 's Reign that there falling out an unhappy difference betwixt the College of Physicians and the Vniversity of Oxford concerning their giving a degree in Physick to an illiterate person rejected by the College which not being composed betwixt themselves the College made their Appeal by Letter to the Right Reverend Cardinal Pool Chancellour of Oxford and then Commissionated by Q. Mary to visit that Vniversity for the Reformation of Religion who so ordered affairs there that Oxford was obliged to consult this Learned Man and Dr. Thomas Huys the Queen's Physicians de instituendis rationibus quibus Oxon. Academia in admittendis Medicis uteretur Which being agreed betwixt them Hoc Statutum Reverendissimus approbavit authoritate suae legationis Cancellariatûs ut observent injunxit He and the learned Dr. Thomas Huys and Dr. Robert Huye with several other Physicians of note died of a Malignant Epidemical Intermittent Fever which reged so severely An. Dom. 1558. and is so admirably described by Dr. Caius in his Annals that I could not omit inserting the History of this Disease in his own words Tertio die Octobris An. Dom. 1558. Electio Praesidis erat quod postridie Divi Michaelis ex statuto esse nequibat distractis hinc inde omnibus Collegis in populi subsidium Qui febribus tertianis duplicibus tertianis tertianis continuis ita vexabatur populariter per omnem mensem Augusti Septembr pérque universam insulam Britanniam perinde ac peste aliquâ ut nullus locus quieti aut privatis negotiis esse potuit Ex hoc morbo periere multi non in Urbe solùm sed ruri etiam inter quos Urbanus Huys erat quod dolens refero ex immodica fatigatione per aestus graviores dum aulicos curaret morbo correptus Per eos menses vix erant sani qui aegris ministrarent vix Messores qui messem meterent aut in horreum recolligerent Hos morbos exceperunt Quartanae populariter ut non alià s aequè per hominum memoriam aliquot Quintanae Octonae etiam sed hae breves sine periculo Illae plurimos de vita sustulerunt flores videlicet gravitatis consilii aetatis maturae Ex his Georgius Owenus erat Regius Medicus Dr. Oxon. Qui obiit die 10. Octobr. sepultus est apud S. Stephanum in Walbroke Londini 24. ejusdem mensis Dr. John Caius was born in Norwich bred in Gonvile-Hall in Cambridge from whence he travelled into Italy and studied there under the learned Joannes Baptista Montanus He took his Doctor 's degree first at Bononia where for some years he was Greek Lecturer At the age of 21 years he began to translate out of Greek into Latin Nicephorus Callistus 's Treatise of Confession in Prayer and another of Chrysostome de modo orandi and out of Latin into English Erasmus 's Paraphrase on Jude and Epitomis'd his Book de vera Theologia After his return into England he took his Doctor 's degree in Cambridge and was so considerable a Benefactour to Gonvile-Hall as that he obtained Letters Patents of Philip and Mary which made him Co-founder and the Hall had then this Title given it viz. Gonvile and Caius College Founded to the Honour of the Annunciation of Blessed Mary the Virgin He built the Court called after his Name Caius-Court of free-stone and gave his Books and Plate to the College He likewise Founded 3 Fellowships and 20 Scholarships procured the College a new Coat of Arms Symbols of the faty of Physick He was admitted into the College of Physicians in the Reign of King Edward the Sixth An. Dom. 1547. He there passed through all the learned and difficult Offices thereof having for several years been chosen Censor often Register and Treasurer 〈…〉 seven years or more President of this Royal Foundâ—â—ion He was esteemed a man of a happy wit great â—â—â—ning and admirable skill in the Greek Tongue as well as in his own Profession He had the repute of one of the greatest Physicians of that Age and was Physician to King Edward the Sixth Queen Mary and for many years to Queen Elizabeth He was the first Inventor of those Ensigns of Honour by which the President of the College is distinguished from the rest of the Fellows the account of which he hath thus entred in his Register Ante hunc annum nulla à Collegio condito reddita ratio fuit acceptorum expensorum nulláve solennis ratio instituendi aut honorandi Praesidentem Pulvinari Caduceo Libro Sigillo aut excogitata aut usitata ulláve deponendi munus officium primúsque hos honores excogitavit Caius usus est Neque certè inanes sunt honores isti Nam Caduceus sive virga argentea regendum significat mitiùs clementiùs contra quà m solebant olim qui virgâ regebant ferreâ prudenter autem regendum agendúmque docent serpentes prudentiae Indices Sustineri autem istis modis Collegium indicant insignia Collegii in summo posita Jam verò cognitione Collegium fulciri indicio est Liber cujus etiam summum occupant eadem insignia Quòd autem pulvinar honoris honestamentum sit sigillum fidei signum firmamentum nemo est qui nescit Vocentur haec virtutis Insignia He hath left behind him a Book written with his own hands of the College Annals bearing date An. Dom. 1555. and ending An. Dom. 1572. which Book was the first that ever was wrote of their affairs and is managed with that excellent Method clearness of Style and fullness of Matter that all the memorable Transactions of the College are there to be sound entred in their due time and order I cannot therefore but heartily wish that he may ever continue an Exemplar to all succeeding Registers of this Royal Foundation He was so eminent a Defender of the College Rights and Privileges that there happening in the Reign of Queen Elizabeth to arise a difference betwixt the Physicians and Surgeons whether the Surgeons might give inward Remedies in the Sciatica French Pox or any kind of Vlcer or Wound c. Doctor Caius was summoned as President of the College to appear before the Lord Mayor and others of the Queen's Delegates Before whom he so learnedly defended the College Rights and the Illegality of the Surgeons practice in the forementioned cases against the
and streightly commandyng the said Grocers and Apothecaries and every of them not to faile herof as thei tendre our pleasure the health and securitye of our lovyng Subjects and as thei shall answere for doyng the contrarie before yow to their such losses damages and penalties as be prescribed in our Lawes and Statutes above mentioned aswell concernyng Physicians as also Grocers and Apothecaries Yeven under our Signet at our Manor of St. James the xxiiii daye of June in the fourthe and fivethe yeres of our Reignes PROCEEDINGS Against Empiricks c. In Queen Elizabeth 's Reign IN the first year of this Queen's Reign Thomas Glamfelde was committed to prison for practising Physick and Stalworth and Gylmyn Norwich Empiricks fined upon the same account In the second year of her Reign a Commission was given by the College to Walter Hawgh a Norwich Physician and to Hugh Glynne a Chester Physician to Prosecute all Empiricks of their own and neighbour Counties Several others were summoned before the College and severely rebuked for exposing Pills to sale without their approbation Others were punished for the ill preparation of Medicines Amongst whom one Edward Stephens a sweet Grocer that he might be released from his imprisonment for obstinately refusing to appear upon the President 's summons of his own accord fell down upon his knees before the President and humbly begg'd pardon of the Queen's Majesty for his disobedience to the President of her College the Lord Cobham and several others being present In the 6th year several Empiricks were prosecuted others were imprisoned for practising Physick In the 12th year the Wife of one Bomelins an Empirick having procured the Lord Treasurer's Letter to the College petitioned that her husband might be discharged from prison he having given satisfaction to the Queen's Majesty for his violation of the Statutes in practising unlearnedly and by Magical Arts. To this Letter the College answered that her husband must first pay 20 l. for his practice and 15 l. for expences in the suit and likewise give security that he would not practise Physick for the future After this the President of the College and Dr. Caius were appointed to wait upon Sir William Cecil Secretary of State he having wrote a Letter to the College in favour of Bomelins upon whose application the Secretary was pleased to express great respect to the College and all the members of it assuring them that he should be well pleased to have Bomelins banished the Kingdom Some time after Bomelins was released from prison by consent of the College having given Bond of 100 l. that he would not for the future practise Physick in London nor in any other parts of England It was ordered by the College that the President should enter an Action against Dr. Lewes Judge of the Admiralty for suffering William Rich an Empirick committed to his care in the Marshalsea to practise Physick against the Laws of the Kingdom his own trust in contempt of the College and to the great prejudice of the Queen's Subjects A foreign Physician who had taken his Degree at Lovain in Brabant was summoned before the President and Censors and examined by what authority he practised Physick in England without licence He pleaded his ignorance of the Laws and was dismissed upon promise of not practising in London nor any other parts of England being likewise ordered to return into his own Country in a few days Dr. Walker was summoned to appear before the College to answer several things objected against him by Dr. Corimbec he having examined and admitted some Physicians in Norwich and Norfolk and extorted above 100 Marks from several Empiricks in those parts whom he had licensed to practise He was Fined for not appearing and Letters were wrote by the College to Dr. Corimbec to authorize him to cite those Empiricks to appear before the College in order to their due punishment One Sylva an Italian was charged before the President and Censors for evil practice in that he undertook to cure an old woman by suffumigation with which she died and prescribed Stibium to another person troubled with an affection of his Lungs to his great prejudice He was afterwards examined and rejected by the whole College by reason of his egregious ignorance in Philosophy and Physick and was fined 20 l. for having practised Physick for half a year to the apparent hurt of the Queen's subjects and the year following was committed to prison in that he had practised without College licence Thomas Pennye was summoned for practising Physick but pleading that he had taken his Doctours degree he was dismissed and ordered that he should bring his Letters testimonial to the Censors which accordingly he did but upon examination was found so ignorant in the first principles of Philosophy and Physick that he was thought unfit for that employment and prohibited the practice thereof and afterwards imprisoned for contemning the Judgment of the College and adventuring to practise without their licence In the 13th year of this Queen a Surgeon was Fined 20 l. for practising Physick but upon the intercession of some persons of Quality the College forgave him 20 Marks of that Fine upon condition that he bound himself in a bond of 100 l. that he would not practise for the future which refusing he was forced to pay the forementioned 20 l. Richard Reynold was examined and rejected as being very ignorant and unlearned But voluntarily confessing that he had practised Physick for 2 years the College ordered that he should be imprisoned untill he had paid 20 l. In the 14th year One Emme Baxter an impudent and ignorant woman was committed to prison for practising Physick the 7th of February Upon the 11th she was brought before the College where her husband William Baxter and Nicholas Staples a Citizen entring into bond to the College and their Successors that she should not practise for the future in London nor any other parts of England she was dismissed paying all Fees due to the Officers of the Prison c. In the same year it was argued in the Lord Mayor's Court before Sir William Allen then Lord Mayor Whether the Surgeons might give inward medicines in the Sciatica French Pox or any kind of Ulcer or Wound Many arguments were used by the Bishop of London Master of the Rolls c. for their practice in this manner Dr. Caius the President of the College being summoned by the Lord Mayor in his own and the Queen's Delegates names did defend the illegality of their practice upon the forementioned accounts After which it was agreed by all present that they ought not to practise In the 23th year of the Queen's Reign one Baptista an Empirick was fined by the President and Censors 6 l. 13 s. 4 d. which he paid to the President He afterwards paid 5 l. to the College ob rem malè gest am in praxi gave bond to pay 5 l. more at our Lady day and at Midsummer was required to pay
prison and fined 20 l. But out of respect to the Earl of Derby to whom he had some relation they were willing he should be released from prison upon condition that he gave bond to the College with sufficient security that he never after would practise Physick in London or within 7 miles Some years after there were several fresh informations and complaints exhibited against him upon which he was condemned by the Censors for his ignorance in Physick fined 4 l. and committed to prison untill he could give better satisfaction of his skill in that Art or at least untill he entred bond that he would never practise for the future After this he was again accused for undertaking the cure of a woman ill of a Tympany who died under his hands He confessed that he had been punished 20 years past for practising Physick but having paid his fine he thought he might lawfully practise He confessed that he had given medicines and used external applications for an Anasarca But being asked what a Tympany or an Anasarca was he could not tell Wherefore he was fined 5 l. pro mala praxi to be paid the next Censors day and ordered to restore the money received in the forementioned case In the 34th Robert Walmesly was punished by the Censors 4 l. for illegal practice Afterwards being examined by them he was found unable to give the definition of a disease or any tolerable account of any question proposed to him in Physick wherefore he was required to give bond of 40 l. that he would not practise for the future William Forrester Master of Arts and Clergy-man was summoned before the President and Censors where he confessed that he had practised Physick in London for three years being examined he answered ridiculè ineptè He said that he was ignorant of the Laws and Customes of the College and therefore requested that he might be pardoned for what was past He was interdicted practice for the future and told that if he were found guilty he should be punished for what was past After this Forrester was complained of by some Patients of whom he had received considerable sums of money without any advantage By others in that he had bargain'd with them for their Cures taking part in hand and reserving the other part till the Cure was performed Wherefore he was admonished to appear before the Censors which he promised but neglecting a Warrant was issued out for his imprisonment and a Fine of 10 l. inflicted for his illegal and ill practice and not giving obedience to College summons About 3 years after fresh complaints were brought against him for prescribing a Vomit and Purge upon the same day to a woman with child and one who not long before was troubled with spitting of bloud by the violence of which she miscarried and died within 3 days One Margaret Peacock likewise made complaint of Forrester's killing her husband by a Vomit prescribed him at 5 in the afternoon one day which gave him an hundred stools and wrought so violently by Vomit that he died next evening at 9 a clock wallowing in his own bloud and humours discharged by the violent operation of the forementioned medicine Others charged him with agreeing for 20 l. for a cure of which he had received 10 l. yet by his negligence or ignorance the Patient was dead Of others he had received 5 l. upon the same account without any advantage to the Patient Upon these and the like complaints he was again summoned to appear at the College but having obtained a Licence for practice from the University he sent that to the College and refused to come Wherefore Orders were given for a speedy prosecution of him according to Law for his evil and illegal practice Upon which he makes friends to the Attorney General who requested the College to be favourable to him Forrester being willing to pay 10 l. that the Suit depending might fall or he be admitted of the College which was denied upon his impudent and insolent behaviour In the 35th of the Queen the following letter was wrote by the Lord Treasurer Burleigh to the President of the College in the behalf of Dr. Butler of Cambridge that he might be allowed liberty of practising Physick in London when he came thither upon private business or was sent for by any Patient To my very loving freind Mr. Dr. Baronsdale AFter my heartie commendations I understand by Mr. Butler a Professor of Physick in the University of Cambridge and a man as I doubt not but you know for his experience and learning very well reputed of having occasion sometimes to repair to London either about his private business or at the request of such as are desirous to have his advice And understanding that he may not practise without breach of a Statute of the Realm and order of the College except he have allowance and licence so to doe from you And being very loth to give offence any manner of way is very desirous to have your good favour towards him in that behalf Whose request for the good opinion I have of his learning and honesty I cannot but recommend to your good furtherance that at some one of your Assemblies you will propound his request and procure allowance thereof For the which I will think my self beholden unto you and be readie to requite with any favour I may both toward your self and the College And so I bid you heartily farewell From my house at Westminster the 14th of February 1592. Your loving freind W. Burghley To this Letter the College returned this answer That a free liberty of practice should be allowed Dr. Butler when he came to London provided that if he came to live in Town he would submit to the customary examinations of the College and pay the usual Fees due upon that account Dr. Raphael Thorey who had taken his degree at Leyden was summoned to appear at the College for practising of Physick He confessed that he had practised for 3 years but onely amongst the French and Foreigners He was complained of by one Mr. Edwards for prescribing a Vomit to his Wife being a Phthisical woman with which she died suffocated in a few hours The College proposed 3 things to his choice either to pay 5 l. to the College for his illegal practice or be obliged in a Bond that he would not practise Physick for the future in London or within 7 miles or else to be imprisoned and prosecuted according to Law He readily accepted of the first condition of paying a sum of money to the College and promised for the future to submit himself to their pleasure He afterwards was examined and had a Licence given him Simon Forman a pretended Astrologer and great Impostor appearing before the President and Censors confessed that he had practised Physick in England 16 years and 2 years in London He pretended that he had cured many Hectical and tabid people by the use of Elect. è Suc.
confessed that she had given him Physick but said it was innocent but the matter of fact was so notorious and the event so fatal that she was forthwith committed to Prison and fined 5 l. Dr. Saul being made one of the Queen's Physicians and yet an illiterate and ignorant person in his profession the College ordered the following Letter to be presented to the Right Honourable the Lord Sidney RIght Honorable and our very good Lord The great care that your good Lordship hath for the preservation of her Majestie 's health as it is right well knowen to others so hath it been fully signified unto us by the speech of Dr. Browne Physition to his most excellent Majesty In regard whereof we perceive by him it is your pleasure that your Lordship might be rightly and thoroughly enfourmed of the true sufficiency of one Saul who is entertained into her Majestie 's service a matter of noe small moment touching her Majestie 's health and safety Wherein we are thus much to say in respect of our bounden duty and upon our credits That this said Saul in the year 1591. made his appearance at our College upon one of our solemne meeting daies there to be examined for his skill and sufficiency in Physick and there being orderly opposed in the Latine tongue according to our custome and as we are bound to do stood mute and answered not one woord ether for that he woold not or coold not understand us Then being demanded in English what part of Galen or other good Authors he had read He answered that he had read Galen all over Then being required to name some one book or other of the said Author that he said he had read to the end he might have been examined with all favour in that book which he was best acquainted with He coold not so much as name any one book of his And for that he then shewed us certain Letters testimonial of his Doctorship at the University of Leyden gotten by what corrupt and indirect means we know not we requested him to impart those questions unto us wherein he answered when he proceeded Doctor But herein also he refused to name any one of them unto us Whereupon his ignoraunce so manifestly appeared unto us as we coold do no lesse upon our Oathes then to forbid him from practice at that time and thereupon immediately wrote our Letters to one Heurnius Doctor of the Chair there sharply reprehending him for committing such an error and for suffering such grosse abuses to the great discredit of themselves and their University who promised the like fault should never be committed again And from that time till now of late we never heard more of this Saul and doe not a little marveile how he cometh by this credit in Physick unlesse either by infusion learning hath been powered into him or els by some extraordinary means he hath of late obtained a special gift of healing And thus having most faithfully discharged our dutie to your good Lordship not with any malitious mind to the party but in regard of our loyall fidelitie to her Majestie we most humbly take our leave About the Second year of King Iames his Reign a Copy of the Surgeons Letters Patents which they had procured from the King's Majesty for enlarging their Privileges was read to the College which being found long and full of Law subtilties It was ordered that some of the Fellows should examine and compare their Old Charter with their New which being done and reported to the College the President with two of the Elects waited upon the Lord Cranbourne to acquaint him what great inconveniences and mischiefs would ensue not onely as to the privileges of the College of Physicians but likewise as to the publick good of the whole kingdom in case their Letters Patents were passed Notwithstanding the Surgeons presented a Petition in Parliament to procure an authority for prescribing inward as well as outward medicines in Wounds Ulcers and French Pox a Copy of which is the following To the Honourable Knights Citizens and Burgesses of the House of Commons in his Majestie 's high Court of Parliament assembled The humble Petition of the Masters or Governors of the Mystery and Commonalty of Barbers and Surgeons of London Most humbly shewing THat whereas it hath pleased his Majestie to grant unto the College of Physicians of London a Patent under his Majestie 's great Seal of England and thereby hath given them not onely many large privileges and other grants but also power to call and convent before them in London and 7 miles compasse and to examine upon Oath the servant or attendant upon any person or persons that shall either give or take Physick and in fine to imprison at their pleasure all such persons as doe or shall administer any internall remedy whatsoever By reason whereof they doe not onely take unto themselves the Arts of the Physician Chirurgion and Apothecary but doe likewise goe about to restraine your Petitioners from using unto their grieved and wounded Patients such wound-drinks Potions and other inward remedies as they by their long practice study and tried experience have found most necessary for the recovery of their diseased Patients as well in the City of London as in all his Majestie 's services both by Sea and Land in preserving both their lives and limbs and without which many times they cannot performe their Cures nor give such speedy ease and remedy to the grieved Patients as otherwise they may and can doe which Patent is very prejudicial not onely to your Petitioners but to all his Majestie 's subjects who shall have occasion to use their help and will prove a great and heavy burthen to the Common-wealth in general when for every hurt apperteyning to the Chirurgions cure the Patient must be forced to entertain a Surgeon a Physician and an Apothecary The humble Suite of your Petitioners is that this honourable House will be pleased to take the same Patent into your grave considerations and the unlawfull privileges and hurtfull power to them given to set Fines to take Recognizances inflict Imprisonments and other authorities grievous to his Majestie 's subjects and to them given by the same Patent being by your wisdomes weighed and examined and the Petitioners with their Councell heard that this honourable House upon hearing thereof being truly informed of the said generall wrong such course may be therein taken through your Justice and grave Wisdomes as may tend to the relief of your Petitioners and the good of the Common-wealth And they as in duty bound shall daily pray to God for your ever during prosperities c. Your Petitioners preferring their Petition to his Highnesse touching the Premises his Majesty was thereby graciously pleased to leave the Petitioners free to seek any lawfull remedy for their grievances either in Parliament or otherwise Rich. Cooper Tho. Allen. Rich. Mapes E. Ingolsbye Will. Clowes Iohn Woodall Tho. Bonham Christoph Frederick C.
asked if he had his Letters of admittance had been examined or were of the Lecture Bill he knew not what it meant Onely for his money he had been translated from the Chandlers to the Barber Chirurgeons c. For his evil and illegal practice he was censured imprisonment and fined 5 li. which paying before his commitment the President told him that if hereafter he were found guilty of the like he should be more severely treated Notwithstanding practice was again proved against him and two very unlearned Bills of his writing presented by the President upon which he being examined could answer nothing but with ignorance and insolence not knowing what or whence or to what use the Diascordium was for which he wrote but said the President and Censors would use him as they did Christ taking that for the Temple which he meant his body and such like The Censors unanimously fined him 10 l. and ordered his commitment to the Compter After which he appeared with several of his Patrons to whom the President gave an account of their fair and just procedure towards him He told them that he was no better than his Master who was God the Saviour of us all He was charged that for pains in the Back he caused hairs to be cut and being asked why he answered because the vapours spread But he said that those pains were a Sciatica a moisture falling from the Head into the Whirlebone Being asked what a Dropsie was he said it came first from an indisposition of the Liver sometime too hot and sometime too cold about the Navel or about the whole Body He was remanded back to prison with his former fine But the Sheriff taking him home he went abroad braved and practised unlawfully as was proved by his Bills which he said were to draw water between skin and flesh by Urine Being asked amongst other things whether Mugwort had that virtue he replied Ay by Dodonaeus Upon this the Censors made a new Warrant for his commitment and encreased his fine to 15 l. Some short time after he appeared again denied several rude and insolent words proved against him saying that the great ones words in this World were as Gospel but the little ones as Apocrypha He behaving himself rudely and begging no pardon was again remanded to prison But within a few days a petition was sent by his Wife and Children to beg of the College that he might be freed from Prison and his fine remitted upon which the President and Censors commiserating the miserable condition of his family remitted part of the fine and took his promise for not practising for the future within the College Liberties About 3 years after practice was proved against him for which he was ordered to pay 5 l. to the College for a fine and give bond of 20 l. to practise no more Within a twelvemonth he procured the following Letter from the Bishop of Lincoln then Lord Keeper To my very loving friends Dr. Moundford President of the College of Physicians the four Censors and the rest of that Company London AFter my very hearty commendations Having heretofore recommended Mr. Blanke a Physician unto you whereupon you were then pleased to favour him for which I doe give you many thanks I doe now again upon new and just occasions redouble my suite in his behalf very heartily praying you to doe him what favour you may in his profession and practice And so not doubting but for my sake and his own merits you will respect him herein I commit you to God Your loving friend Jo. Lincoln C. S. To this Letter the College returned the following answer by six of their Members Right Reverend Father in God and most noble Lord 'T Is long since we have been fully satisfyed what reverence and respect that favour your Honour is pleased to shew to men of Letters requires of us And we humbly desire you to believe that we shall never sail of being carefull to pay it to your Lordship all manner of ways For we account it no small advantage to us if the meanness of our condition will permit us to doe any thing that may be acceptable to your Lordship And we are troubled that your Lordship should make an experiment of your power over us in the affaire of a man whom the Laws of the Kingdome the Obligation of our Oathes and the most strict commands of his Majestie forbid us to have any regard to We have sent your Lordship by some of our Body the King's Letter wherein he forbids it and we are certain that the commendation your Lordship hath given of this illiterate fellow did not proceed from your owne opinion of him but the suggestion of others But if it should prove that we are so mistaken in this matter that your Lordship should have any good opinion of the least ingenuity or learning that your Lordship knowes he hath We engage our selves not to put any longer stop to his Petition But if on the other side it shall appeare that contrary to right and without any merit of his owne but by the application of those he hath made complaint to he hath obtained the recommendation of so great a person We beseech your Lordship to take upon you the defence of the publick concernment of health the interest of the Universities and the necessity we are under and not to think that what we have here done hath been from an affectation of denying what your wisdome will easily perceive by the foresaid Letter we had no power to grant God preserve your Honour long in safety for the good of Church and State After this he was complained of for prescribing a suffumigation in an acute disease upon which the Patient was in danger of being choaked and being examined in that and the like diseases he desired to be excused from answering upon which the President advised to put his bond in Suit Not long after an Apothecary charged him for prescribing a Powder to a Gentlewoman who complained of being highly inflamed and burnt up upon the use of it Being required to give an account by what authority he practised Physick he produced Letters from the Bishop of Lincoln giving him liberty to practise within the liberties of Westminster As to the witness which appeared against him he said He which died upon the Cross died by false witness He was by the Censors proceeded against and an Action entred He was likewise accused for practising Physick unlawfully and unadvisedly upon the person of one Mr. Bonner Blank appearing upon summons confessed that he had practised Physick in London 13 years that he did it by Licence according to the Statutes of the Kingdom having my Lord of Canterbury's Licence fortified by the great Seal of England But notwithstanding this plea for his bad practice upon Mr. Bonner he was sentenced by the 4 Censors to pay 20 l. and to lie in Newgate till he paid it About 4 days after he brought Letters Patent
his hand and not by the drinks and liquours he gave This he understood by his mother who wished him having a scald head to stroke his head with his own hand whereby he was cured And therefore sometimes he used onely his hand sometimes he gave Wine whereinto he dipped his finger that the people might have somewhat to take but the virtue came from his hand Barton was censured to pay 20 l. and to remain a prisoner in Woodstreet Compter till released by the President where he continued till the 19th of October following never having all that time petitioned the College for his liberty And then by virtue of a Writ of Habeas Corpus which he had sued forth of the King's Bench he was carried with his cause to the King's Bench Bar at Westminster The Copy of which Warrant and the Return thereof here immediately ensue NOs Johannes Warner Thomas Adams Vic' Civitat ' London Serenissimo Domino Regi in brevi huic schedul ' annex ' nominat ' ad diem locum in eodem brevi content ' Certificamus quod ante adventum nobis praedict ' brevis scil ' duodecimo die Septembris Anno regni dicti domini Regis nunc Anglie c. decimo quinto Christoferus Barton in dicto brev ' nominat ' commissus fuit Prisone dom ' Regis scil ' Computator ' scituat ' in Woodstreet London praedict ' in eadem Prisona sub custodia Isaaci Pennington Johannis Woollaston tunc vic' Civitat ' praedict ' in eorum exit ' ab officio suo sub custodia nostra detent ' virtute cujusdam Warranti Otwelli Meverell Laurentii Wright Edmundi Smith Willielmi Goddard in Medicinis Doctor Censor ' Collegii Medicor ' in London sub sigillo communi Collegii Medicor ' London praedict ' custodi praedict ' Computatorii London praedict ' vel ejus deputat ' direct ' Cujus quidem Warranti tenor sequitur in hec verba ss We Otwell Meverell Laurence Wright Edmund Smith and William Goddard Doctors in Physick and Censors of the College of Physicians in London being chosen by the President and College of Physicians aforesaid to govern and punish for this present year all offenders in the faculty of Physick within the City of London and the Suburbs thereof and seven miles compass of the said City according to the authority in that behalf to us duly given by certain Letters Patents under the great Seal of England made and granted to the said College and Comminalty by the late King of famous memory King Henry the Eighth bearing date the 23th day of September in the Tenth year of his Raigne And one Act of Parliament made in the 14th year of the said late King Henry the Eighth concerning Physicians Whereby the Letters Patents aforesaid and every thing therein are granted and confirmed And by virtue of the said Act of Parliament and Letters Patents aforesaid and one other Act of Parliament made in the first year of the Raigne of our late Soveraigne Lady Queen Mary intituled An Act touching the Corporation of Physicians in London did cause to be brought before us the sixth day of this instant September at our College house in Pater noster Rowe in London one Christofer Barton and we have examined the said Christofer Barton and upon his examination and other due proofs we have found that the said Christofer Barton hath unskilfully practised the Art of Physick within the City of London and Precinct aforesaid upon the bodies of Richard Ballady of Aldermary Parish London Michael Knight of St. Buttolphs Parish Aldgate London and the child of one Iane Bigge and some others in the month of Ianuary in the year 1638. contrary to the Laws in that behalf made and provided whereupon we have imposed upon the said Christofer Barton a fine of 20 l. for his evil practice in Physick aforesaid and we have also for the same cause sent you the body of the said Christofer Barton Willing and requiring you in the Kings Majesties name to receive and keep him in safe custody as Prisoner there to remain at his own costs and charges without bail or mainprize untill he shall be discharged of his said imprisonment by the President of the said College and by such persons as by the said College shall be thereunto authorised according to the Statute in that behalf made And this our Warrant shal be your discharge Given at the said College the eleventh day of September in the 15th year of the Raigne of our Soveraigne Lord King Charles Otwell Meverell Law Wright Edm. Smith William Goddard To the Keeper of Woodstreet Compter London or his Deputy To Mr. John Penyall one of the Messengers of his Majestie 's Chamber in Ordinary to execute this Warrant ET hec est causa acceptionis detentionis praefati Christoferi Barton in Prisona praedict ' sub custodia nostra Corpus cujus quidem Christoferi coram praefat ' domino Rege apud Westm ' parat ' habemus Being at the Bar the said 19th of October for that the Lord Chief Justice Sir Iohn Brampston was not present the other Judges present would not accept of bail which the said Barton tendered but suspended the matter untill Tuesday the 12th of October following Barton for that time was returned back and coming to the Bar again on the said Tuesday with his Councel and Bail the Lord Brampston being then present my Lord demanded the return of the Warrant which was neglected by the Clerks of the Court and left in the Crown Office in the Temple so my Lord would not proceed but respited the cause untill Thursday the 24th of October following when all parties appearing with Councel on both sides the Warrant and Return was read and the Cause debated and there the Court plainly declared that he should not be Bailed it being against the Law and the Letter of the Warrant grounded upon the Statutes Then it was desired by Barton's Councel that he might go over to the King's Bench which also was denied because he was committed originally to the Compter and willed if he would have liberty to submit to the College and make his peace there Barton being in custody of the Serjeant that carried him up to the Bar exhibited his humble Petition to the President and Censors the 25 of October signed with his own hand for abatement of part of his fine and for his enlargement submitting in all things unto them Whereupon the President and Dr. Meverell one of the Censors were contented to abate the half of his fine of 20 l. and to accept of 10 l. the one half to be paid in hand which was paid and the other half at our Lady day next And so upon the 29th of October signed his discharge and set him at liberty he being put again before his enlargement into the said Prison Mr. President gave order that upon the commitment of any Offender the name of the